R. v. Patrick

R. v. Patrick

Because the offence involved a large-scale fraud of $989,647.46 committed over nine-and-a-half years by an employee in a position of trust that harmed a community-based organization, general deterrence required a federal custodial sentence; the mitigating factors did not outweigh the aggravating factors and a conditional sentence was precluded, resulting in a sentence of three and one-half years' imprisonment.

Citation
2006 BCSC 1284
Parties
Crown: Regina; Accused: Maxine Bernice Patrick
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
22 August 2006
Procedural Posture
Criminal Fraud / Sentencing / Reasons for Judgment
Outcome
Accused pleaded guilty and was sentenced to imprisonment
Legal Topics
Fraud Under S.380(1)(a) Criminal Code, General Deterrence, Conditional Sentence, Position of Trust, Guilty Plea
Source Language
English
Criminal Law Sentencing Fraud Restitution Fraud Under S.380(1)(a) Criminal Code General Deterrence Conditional Sentence Position of Trust +1 more

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Parties

Regina

Crown

Maxine Bernice Patrick

Accused

Procedural Posture

Criminal Fraud / Sentencing / Reasons for Judgment

Legal Issues

  1. 1 Whether a custodial federal sentence is required for large-scale fraud by an employee in a position of trust
  2. 2 Whether a conditional sentence is permissible given the circumstances
  3. 3 What is the appropriate length of imprisonment

Ratio Decidendi

Because the offence involved a large-scale fraud of $989,647.46 committed over nine-and-a-half years by an employee in a position of trust that harmed a community-based organization, general deterrence required a federal custodial sentence; the mitigating factors did not outweigh the aggravating factors and a conditional sentence was precluded, resulting in a sentence of three and one-half years' imprisonment.

Court Disposition

Accused pleaded guilty and was sentenced to imprisonment

Orders

  • Sentence of imprisonment for three years and six months